The image that most people conjure up when thinking about a slip and fall is a minor accident, one that can be laughed off because it causes no injuries and only momentary pain. However, this is not the reality for many slip and fall victims. These accidents send over one million people to the emergency department every year in the United States. While some of the injuries caused by slip and falls are mild to moderate and do not require extensive care, others lead to severe injuries that require surgery, ongoing physical therapy, or long-term treatment.

Premises Liability Claim After a Slip and Fall Accident

People who slip and fall as a result of someone else’s negligence may be able to file a claim for compensation to help them in their recovery. Many of these cases end in settlement because this option is faster and less expensive than litigating the case in court. It’s important that any accident victim considering accepting a settlement offer understands the true price of their injury. Agreeing to a low settlement offer is likely to put you at a disadvantage later on when the funds run out but your recovery is not complete.

Working with a personal injury lawyer improves your chances of receiving a fair settlement because your attorney will help you identify all the relevant factors contributing to your recovery costs. Your lawyer can also negotiate for a higher amount to ensure you receive a fair settlement.

How do slip and fall settlements with surgery differ from those without? Because the amount of your settlement compensation reflects the expenses associated with the damage from the accident, slip and falls that require surgery will often have higher costs.

Surgery After a Slip and Fall Accident in New York

Slip and falls can easily cause debilitating and severe injuries, including:

  • Broken bones

  • Head injuries

  • Soft tissue damage

  • Spinal cord injuries

Surgery is often necessary to correct the damage caused by a slip and fall, which means the recovery outlook shifts and the resources required for recovery change. It’s crucial that these adjustments in your care are factored into your settlement negotiations and any offer you agree to.

Slip and fall settlements with surgery must include a variety of factors that settlements without surgical intervention do not. In other cases, the factors are the same, but the settlements involving surgery may be substantially higher. The reasons for this will vary depending on the details of the case, but there are some common elements that impact slip and fall settlement amounts.

Overall Medical Expenses

Medical costs and expenses are a major part of any personal injury or premises liability case. In fact, they are often the biggest factor in determining the amount of a settlement. Because surgical procedures can be expensive, slip and fall injuries that require surgery often have a higher overall cost. Surgery generally requires anesthesia and post-operative care. Additionally, depending on the severity of the injury or the complexity of the surgery, overnight hospitalization may be required.

Long-Term and Ongoing Treatment

On top of the costs involved with the actual surgical procedure, there are often long recovery periods that include additional expenses, such as follow-up care, medications, physical therapy, and medical supplies. Extended time for recovery can also cause slip and fall accident victims to miss more work, leading to a greater loss of income.

Quality of Life

Surgery is not an easy process, and there are inherent risks involved in any surgical procedure. Daily activities will likely be affected by reduced mobility, pain, medical appointments, and the general inability to engage in some of the same activities that were once possible.

Preparing for a Slip and Fall Accident Involving Surgery

As with any injury claim, documentation is vital to the strength of your case. Maintaining accurate records of your medical costs and expenses helps to build a solid foundation for settlement negotiations. This includes documentation of the following:

  • Emergency transportation

  • Hospital bills

  • Surgical invoices

  • Physical therapy costs

  • Over-the-counter and prescription drug costs

  • Travel and accommodation expenses for medical treatments

  • Medical devices or equipment

  • Alterations made to a home or vehicle to accommodate an injury

Witness statements, documentation of lost wages, photos of your injuries, and video footage of the accident can also be valuable in your New York premises liability case.

Premises Liability in New York

In order to have a successful injury claim in a New York premises liability case, you must ensure that your accident and injuries meet certain conditions. First, were you allowed to be on the property? If you were a guest, customer, tenant, contractor, or employee of the property owner, they have a duty to you to maintain a reasonably safe environment. For example, victims in Target slip and fall settlements and slip and falls in school would likely satisfy this requirement.

The next important factor is that the property owner failed to reasonably maintain their property. Not all dangers would qualify, so it’s helpful to discuss your case with a premises liability lawyer. Did the owner know about the hazardous condition and fail to take action to address it? If so, they may be liable for any accidents.

Lastly, did the negligence of the property owner cause your accident? Not only must there be a dangerous condition present on the property, but that hazard must also have been the cause of your accident and injuries. You may have grounds for a premises liability claim in New York if your situation satisfies these conditions.

Compassion and Support from a New York Personal Injury Lawyer

We know how frightening and overwhelming it can be to prepare for an upcoming surgery or face the long road to recovery after a surgical procedure. Fair compensation from the at-fault party helps to minimize the financial stress associated with extensive medical treatment. If you would like support from a fierce and dedicated premises liability lawyer, contact the Mark E. Seitelman Law Offices. Schedule your free consultation to discuss the details of your case today.